NEWPORT NEWS — Two different scenes played out in the city Friday on the same street corner.

A mother wept on the sidewalk after hearing that the Newport News commonwealth's attorney's office had ruled that the police officer who killed her son was legally justified in the shooting.

An hour later, the city's top prosecutor stood inside City Hall and said his decision was based on the “uncontradicted facts” of the case.

The family of Kawanza Beaty and Newport News Commonwealth's Attorney Howard Gwynn held separate news conferences on Washington Avenue to discuss the findings of Gwynn's report. Beaty, 23, was shot July 4 during an early morning police chase after an officer received a tip that Beaty was carrying a sawed-off shotgun. Beaty died of a shot to the head after a confrontation with police. A shotgun was recovered at the scene and found to be unloaded.

“How you gonna shoot my son in the back of the head and call it justified?” said Melisa Dargan, Beaty's mother. “This city, they don't care about no one. He ain't seen the end of me. It's not over yet.”

The Beaty family met with Gwynn to learn the results of his office's investigation prior to holding their news conference. They met for about 15 minutes before Dargan and her husband — Clyde Dargan, Beaty's stepfather — walked quickly out of the Justice Building past the row of TV cameras.

“I'm done,” Melisa Dargan said as she continued walking around the corner of the building, where she bent down and continued to cry. About 15 supporters, some wearing red shirts with Beaty's picture, were outside, waiting to hear the results.

Gwynn started his news conference by asking the community to pray for the families of both Beaty and police detective Randy J. Gibson Jr., the officer who shot and killed Beaty.

“There are no winners here today. The Dargan family has lost a brother, they've lost a cousin, they've lost a son,” Gwynn said. “In addition to that, there are no winners in the Randy Gibson family, because Randy has got to live with this loss for the rest of his life.”

The report

According to the report, the encounter occurred early on July 4 after a confidential informant called Gibson to tell him about a man carrying a sawed-off shotgun near the Stuart Gardens apartment complex in Southeast Newport News.

When Gibson and two other officers caught up to Beaty and another man, Beaty ran, according to the report. The officers chased him and reported seeing Beaty holding a shotgun and turning it toward one of the responding officers. Gibson fired three times — one shot struck Beaty behind his left ear. Medics arrived minutes later and declared him dead at the scene.

“Based on the uncontradicted facts and the law, considering the circumstances as they appeared to Detective Gibson, it is our opinion that he had a reasonable belief that Mr. Beaty posed an imminent threat of serious physical harm to himself and Sergeant Sinclair,” the report states. “Consequently, Gibson's use of deadly force in the tragic death of Mr. Beaty was justified by the facts and the law.”

Three police witnesses and a civilian were interviewed for the report. The civilian witness, Emmanuel Dargan, is Beaty's uncle and was with him the morning of the shooting. He reported that he heard the police tell Beaty to stop and drop his weapon, according to the report.

None of the officers were wearing body cameras during the shooting.

Newport News Police Chief Richard Myers said after the conference that the internal review had found that all three officers acted within the department's policy guidelines. The chief said the department would start discussions on returning Gibson, who had been on modified duty for the past several months, to full duty.

Beaty family attorney Jimmy Ellenson argued that Gwynn came to his conclusion based on statements the three officers made during Gwynn's investigation, not the initial statements the officers made immediately following the shooting.

“In my opinion, it's pretty important what the officers said initially versus later on when they had the chance to sanitize their statements,” Ellenson said.

Pending lawsuit

Beaty's father, Fred Beaty, lives out of state but has been following his son's case.

“There are no words to express how I feel right now,” Fred Beaty wrote in an email on Friday. “A very large part of my heart has been forcibly taken from me. Kawanza was a loving son, brother, nephew, and would have been a magnificent father to his daughter. My son deserves to be here with us, his daughter deserves her father to be here with her.”

Kawanza Beaty's girlfriend, Jessica Boyd, also struggles with her loss.

Boyd was at Friday's announcement with her daughter, Ka'Niyah Beaty — who turned 1 month old on Friday.

When word of Beaty's death reached Boyd last summer, she had just learned that she was pregnant. Boyd admits it's not going to be easy raising Ka'Niyah without Kawanza, but she realizes the family must press on for answers.

“It's not transparent at all,” Boyd said of the investigation's results. “The only thing we can do is continue to fight.”

In September, Beaty's family filed a $10 million wrongful death lawsuit against police and the city. That lawsuit is still pending. The case is set to be heard in federal court next year.

Gibson faces another pending lawsuit for a police-involved shooting involving Corey Moody, according to court documents. Moody, 42, filed a federal lawsuit that states Gibson and three other police officers were negligent in shooting him Dec. 12, 2012, during a traffic stop on the Interstate 664 overpass near 35th Street. The shooting left Moody confined to a wheelchair.

A larger issue in the nation

This was Maxine Johnson's first visit to Newport News — and it wasn't for pleasure or to catch up with friends.

An advocate for Onus Inc., an organization working to curb national police shootings, Johnson said it's important to find other alternatives to address a rise in violent officer encounters in some of the nation's poorest neighborhoods.

“We have to find a way to break this cycle because it affects everyone, not just people of color,” Johnson said. “This is something we as a nation must address.”

Johnson was present during the aftermath of the shooting death of Michael Brown in Ferguson, Mo., and subsequent acquittal, of the officer who shot him. She said there are too many cases where police are not using other alternatives to capture and retain suspects.

“Today will go down in the history of Newport News as one of the most disturbing moments in the history of this city,” said Shaun Brown, a community activist who has been assisting the Beaty family. “I would have hoped that there would have been some justice.”

Speed can be reached by phone at 757-247-4778; Murphy at 757-247-4760; and O'Neal at 757-247-4744.

Previous story:

NEWPORT NEWS -- A fatal 2015 police shooting has been ruled legally justified by the state prosecutor's office, the victim's family said Friday.

The family learned the results of the office's seven-month investigation during a meeting with Newport News Commonwealth's Attorney Howard Gwynn Friday morning prior to a news conference.

According to a statement released by Commonwealth's Attorney Howard Gwynn:

"Officers gave Mr. Beaty multiple commands to stop and drop the weapon. Officers Sinclair and Keller confirmed these commands. ... Despite these repeated orders to stop and drop the weapon, Mr. Beaty continued to ignore the officers’ commands. The officers were attempting to detain him and investigate his unlawful possession of a sawed-off shotgun. Gibson, Keller, and Sinclair all saw Mr. Beaty point the illegal sawed-off shotgun toward Sinclair. All three officers reasonably feared that Mr. Beaty was about to shoot Sinclair when Gibson discharged his department-issued firearm.

"Based on the uncontradicted facts and the law, considering the circumstances as they appeared to Detective Gibson, it is our opinion that he had a reasonable belief that Mr. Beaty posed an imminent threat of serious physical harm to himself and Sergeant Sinclair. Consequently, Gibson’s use of deadly force in the tragic death of Mr. Beaty was justified by the facts and the law. This office will take no further action in this matter."

Family and friends expressed frustration at the report Friday morning.

"How you gonna shoot my son in the back of the head and call it justified?" said Melisa Dargan, Kawanza Beaty's mother.

Jessica Boyd, Beaty's girlfriend, said Friday morning: "It's not transparent at all; only thing you can do is continue to fight."

Beaty, 23, was shot July 4 during an early morning police chase after an officer received a tip that Beaty was carrying a sawed-off shotgun. Beaty died of a shot to the head after a confrontation with police. A shotgun was recovered at the scene and found to be unloaded.

Randy J. Gibson Jr. is the officer who shot Beaty. Police said Beaty ran from three officers and did not comply with commands to drop the gun. Two of the officers indicated they saw Beaty pointing a gun at a third officer before the shooting, according to the police.

Gibson fired three shots, and Beaty was hit once in the head. He was pronounced dead at the scene.

None of the officers were wearing body cameras during the shooting. Late last year, Newport News police purchased 125 body cameras for all officers who patrol the streets.

The empty shotgun recovered by police near Beaty's body had reportedly been stolen from a Hampton residence in 2013.

According to the report by Gwynn, a confidential informant, who has worked with the Newport News Police Department since 2013, called Gibson numerous times on July 3 and July 4 with details about a man with a sawed-off shotgun.

He told Gibson that the man was wearing a camouflage jacket and was carrying the shotgun near the Stuart Gardens apartment complex. Gibson requested backup and after the three officers responded to Stuart Gardens and split up to find the suspect, Gibson got another call from the informant saying the man was walking north on Oak Avenue near 18th street with another man.

Gibson was the first to arrive on the scene and ordered the two to stop walking so he could talk to them, according to the report. One man, identified as Beaty's uncle Emmanuel Dargan, stopped to talk to police when asked by Gibson. Beaty continued to walk away. Gibson walked up alongside Beaty. The police sergeant approached from behind.

When the third officer showed up with the K-9 unit, Beaty took off running toward Peterson Place, the report says.

Gibson and the sergeant ran after. Several yards from the back of 1631 Peterson Place, Beaty lost his footing, the report says. When Beaty slipped, Gibson heard “a metal clanking sound” and the sergeant saw the barrel of a gun partially emerge from Beaty’s jacket, according to the report.

Beaty approached the rear of 1631 Peterson Place with the sergeant close and directly behind him and Gibson was still pursing from a short distance back, the report says. As Beaty reached the back of the building, Gibson noticed Beaty was holding the gun by the grip; from 15 or 20 years away and to one side of Beaty, Gibson drew his gun and yelled “drop the weapon,” according to the report.

The K-9 officer reported seeing Beaty start to turn counterclockwise toward the sergeant with the shotgun in hand and drew her gun as well, the report says. She tried to close the gap, heard the other officers yelling and saw Beaty raise the sawed-off shotgun toward the sergeant, according to the report.

Gibson then fired three times, fearing Beaty would shoot the sergeant, the report says.

Beaty took a couple of steps before falling face-down in the grass a few feet in front of the sergeant.

Medics arrived minutes later and pronounced him dead at the scene.

In September, Beaty's family filed a $10 million wrongful death lawsuit against police and the city. That lawsuit is still pending.

Gibson, an eight-year veteran of the force, faces another pending lawsuit for a police-involved shooting involving Corey Moody, according to court documents. Moody, 42, filed a federal lawsuit that states Gibson and three other police officers were negligent in shooting him Dec. 12, 2012, during a traffic stop on the Interstate 664 overpass near 35th Street.